Questione giuridica chiave
Which accident insurer was liable for the relapse and the second accident under Art. 77 UVG and Art. 100 UVV?
Decisione estratta
The SUVA was liable for both the relapse and the second accident by analogous application of Art. 100(2) UVV; Helsana could claim reimbursement from SUVA according to causation.
Motivazione estratta
Art. 100(1) and (2) UVV govern different temporal situations and do not stand in a lex specialis relationship. A relapse is not a new accident, so it cannot be treated as the first relevant accident event. To avoid a coordination gap and an impermissible cumulation of benefits, Art. 100(2) UVV must be applied by analogy when a second accident occurs during the healing period after resumption of insured work, even if the claimant was already receiving benefits for a relapse.